Dismissed

Ramashankar Ram and 4 Others v. State of U.P. and 11 Others

Allahabad HC16 Jul 2019WRIC/18661/2019

Case brief

AI extract

What is this about?

The High Court issued a writ of mandamus remitting the matter to the Assistant Registrar to decide a representation on fraudulent enrollment by following prescribed procedures with proper hearing.

What did the court decide?

Writ of mandamus directed Assistant Registrar to decide representation and determine list of members following procedure with hearing within three months.

Ramashankar Ram and 4 Others Vs… — Constitutional and Fundamental Rights | Allahabad HC (2019)

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Court No. - 7

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Case :- WRIT - C No. - 18661 of 2019

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Petitioner :- Ramashankar Ram And 4 Others Respondent :- State Of U.P. And 11 Others Counsel for Petitioner :- Manoj Kumar Chandel Counsel for Respondent :- C.S.C.,Anand Kumar Pandey,Sunil Kumar Singh

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Hon'ble Ajay Bhanot,J.

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The petitioners claim to be members of the society, registered under the name and style of 'Khandava Bahudhandhi Samiti, Khandava, Ballia'.

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The contention of Sri Manoj Kumar Chandel, learned counsel for the petitioners, is that the respondents No.3 to 12 have fraudulently enrolled the members in the society, without following the procedure laid down in the byelaws. The petitioners have submitted a representation in this regard before the respondent No.2-Assistant Registrar, Firms, Societies and Chits, Azamgarh.

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Sri Anand Kumar Pandey, learned counsel for the respondents No.4 and 5, submits that the members were validly enrolled. However, the specific date and the procedure adopted, could not be pointed out.

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This is a factual dispute, which needs to be verified by the respondent No.2-Assistant Registrar, Firms, Societies and Chits, Azamgarh.

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No purpose would be served by keeping the petition pending.

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The matter is remitted to the respondent No.2Assistant Registrar, Firms, Societies and Chits, Azamgarh.

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A writ of mandamus is issued, commanding the respondent No.2-Assistant Registrar, Firms, Societies and Chits, Azamgarh, to decide the representation of the petitioners, and determine the list of members of the society, in line with, the procedure prescribed, in Section 4(B), of the Societies Registration Act. The respondent No.2Assistant Registrar, Firms, Societies and Chits, Azamgarh shall give an opportunity of hearing to all necessary parties including the petitioners and respondents No.3 to 12. The exercise shall be completed, preferably, within a period of three months from the date of receipt of a certified copy of this order.

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It is clarified that this Court has not gone into the veracity of the assertions made in the writ petition nor has judged the claim of the petitioners on merits. It is for the competent authority to do so with an independent application of mind.

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With the aforesaid direction, the writ petition is finally disposed off.

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Order Date :- 16.7.2019 Ashish Tripathi

Ramashankar Ram and 4 Others v. State of U.P. and 11 Others

Case brief

What is this about?

What did the court decide?

Ramashankar Ram and 4 Others v. State of U.P. and 11 Others

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

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